GOLF COURSE OWNER’S SUIT SUBJECT OF HEARING

ESCONDIDO 
A Vista Superior Court judge is scheduled to hear arguments Nov. 1 that a housing developer was trying to bully and intimidate residents near Escondido Country Club golf course when he filed a lawsuit against them this summer.

The residents have filed a motion seeking to invalidate parts of the lawsuit — which also names the city of Escondido as a defendant — based on a state law that prohibits litigation filed intentionally to stifle political activity.

When the lawsuit was filed in late June, the residents were gathering signatures for an initiative that aims to preserve the 110-acre golf course as open space and prevent developer Michael Schlesinger from building a subdivision there.

The residents collected enough signatures and the City Council adopted the initiative Aug. 14, setting the stage for what experts have called a potential landmark property rights case. Before the slawuit can proceed, Judge Earl Maas must rule whether parts of it should be struck down.

The motion filed by the residents Aug. 19 claims the lawsuit was less about preserving Schlesinger’s property rights and more about scaring the residents into abandoning their initiative.

“It is clear that this lawsuit was filed for the sole purpose of bullying (the residents) into abandoning their constitutional rights to petition and free speech by depleting their assets with meritless motions and intimidation,” the motion says.

Maas told attorneys for the city and the developer Thursday they should meet to discuss a possible price for the property, said Erica Holloway, a spokeswoman for Schlesinger. She said the residents’ motion was groundless and that the lawsuit was filed to help preserve Schlesinger’s property rights. “Throughout this process we have warned city leaders that adopting the ordinance will put the city and the taxpayers at serious financial risk, even bankruptcy, ” Holloway said. “Based on the judge’s comments at today’s hearing, we believe our concerns were justified.”